For over 50 years, NWLC has been leading the fight to defend Title IX and eradicate all forms of sex discrimination in school and fight for gender equity. Now, far-right extremists are promoting anti-trans misinformation that violates and undermines the promise of Title IX.
We will never stop fighting to make sure everyone can live authentically, without fear and discrimination, especially for women, girls, and the LGBTQIA+ community.
Make a donation to ensure NWLC has the tools and resources to counter all extremist attacks and every dollar will be spent fighting for a more just and equitable world.
DeVos’ Hypocritical Power Grab at the Department of Education
As part of the Trump administration’s scrambleto enact last-minute rulemaking,Secretary of Education Betsy DeVos recently issued a new rulethat makes it easier for Trump and DeVos to accelerate their cruel agenda and harder for future administrations to reversethe past four years of damage. The rule became law on November 4, 2020—the day after the election. Last week, NWLC led 81 advocacy organizations in a comment calling upon DeVos to withdraw the rule.Here are three (of many) reasonswhy we oppose it: Note on terminology:Agencies like the Department of Education can make policy by creating “rules”(which are laws)and “guidances” (which clarifyhow a rule will be enforced).
1. The rule makes it easier for Trump and DeVos to get rid of helpful education policies.
In less than four years, Trump and DeVos have already rescindednumerouseducationguidancedocuments, often with no prior notice to the public. The new rule now allows many moreguidancesto be rescinded with no noticeto the public at all. DeVos can now simply remove many guidances from the department’s website without telling anyone—even if students, families, and schools have relied on themand found them helpful for years or decades.
2. The rule makes it harder for future administrations to create and keep helpful education policies.
It will now be extremelydifficult for the department to create new rules or guidances. To issue certain types of new rules, department staff will now have to use “enhanced procedures,”such as hearings, that have not been required for more than four decades, that legal scholars overwhelmingly agree are obsolete, and that will disadvantage individuals who don’t have attorneys. As for guidances,the new department position is to “disfavor” all guidances “except in special circumstances.” Certain types of guidances will also have to undergo new burdensome requirementsthat—until now—have only been required for legally binding rules. Although DeVos herself has enjoyed the ability to issue guidances without these procedural hurdles during the COVID-19 crisis, her new rule will make it all but impossible for a future secretary of Education to be flexible and nimble, even when students’ livesare at stake.This is particularly harmful right now, as students and schools continue to struggle with the unprecedented and unrelenting challenges caused by the COVID-19 pandemic and need timely andhelpful guidance from the department, including guidance on how schools must continue protecting students’ rights during this time.
3. The new rule is deeply hypocritical.
The Trump administration has one of the worst track records for complying with federal law on rulemaking and guidance. In the last four years,it has lostor admitted defeat in 84% of lawsuitsagainst its agencies’policies—significantly more than any other administration.In one case,a court ruled against the Trump administrationwhen itstruck downa DeVos rule that would disproportionately give COVID-19 relief funds to private schools. In other cases, the administration withdrewits own policies after being sued, such as whenICE dropped a rulethat would forceinternational college studentswhose courses went entirely onlinedue toCOVID-19 to leave the country.With this abysmal track record, it is deeply hypocritical for the department to add new, needlessly burdensomeproceduresfor rulemaking and guidance,when this administrationhas consistently violated existing requirements.
* * * * *
While procedure can seem abstract, this new rule will directly and gravely impact the department’s ability to responsively issue rules and guidances onurgent education policy issues, includingTitle IX,student debt,and COVID-19 relief for schools.It is also inconsistent with other federal agencies’ procedures, making it harder for the department to collaborate with agencies like DOJ on enforcing students’ civil rights.We’re calling on Trump and DeVos to withdraw this rule because these new hurdles and inconsistencies are intended to—and will—tie the hands of future administrations from addressingthe very real harms that directly affect students, families, and schools each day. It’s a cruel policy, and our country deserves so much better.